CC BY
13
UDC: 352+353+37.07:005.5+3645+364-7 (477)
https://doi.org/10.32689/2617-2224-2020-5(25)-131-145
Lys Volodymyr Volodymyrovych,
Head of the Service for Children of the Lviv Regional State Administration, Postgraduate Student of the Department of Public Administration of the Lviv Regional Institute of Public Administration of the National Academy of Public Administration under the President of Ukraine, Lviv, Str. Valova, 31.
tel./fax: (032) 235-44-56, e-mail: vlis@ukr.net, https://orcid.org/0000-0002-9201-5140 Лис Володимир Володимирович,
начальник служби у справах Ытей Львiвськоi обласног державног адмШстраци, ас-шрант кафедри державного управлтня Львiвського регюнального тституту державного управлтня Нащональног академп державного управлтня при Президентовi Украти, м. Львiв, вул. Валова, 31. тел. / факс: (032) 235-44-56, e-mail: vlis@ukr.net, https://orcid.org/0000-0002-9201-5140 Лыс Владимир Владимирович,
начальник службы по делам детей Львовской областной государственной администрации, аспирант кафедры государственного управления Львовского регионального института государственного управления Национальной академии государственного управления при Президенте Украины, г. Львов, ул. Валовая, 31, тел. / факс: (032) 23544-56, e-mail: vlis@ukr.net, https://orcid.org/0000-0002-9201-5140
MODERN PROBLEMS OF THE SYSTEM OF PUBLiC GOVERNANCE iN THE FiELD OF iNSTiTUTiONAL CARE AND EDUCATiON OF CHiLDREN iN UKRAiNE
Abstract. The article systematizes the problems of public administration in the field of institutional care and education of children in Ukraine. The main problems include: imperfection of the legal framework for regulating the provision of social services to orphans, children deprived of parental care, children with disabilities, children with special educational needs and children in difficult life circumstances; lack of a unified approach to the management of institutional care and upbringing of children in Ukraine; lack of clear organization of public interaction with public authorities and local governments in reforming the system of institutional care and upbringing of children; lack of public control over the system of institutional care and upbringing of children; lack of a systematic assessment of the ineffective-
ness of previous ministries' attempts to reform the system of institutional care and upbringing of children; not developed methodological support necessary for the implementation of the reform of the system of institutional care and education of children. It is noted that the main normative documents that ensure the existence of a system of institutional care and upbringing of children are constantly supplemented by relevant letters and orders of departments at various levels. Effective public administration in the field of institutional care and upbringing of children is a significant effort, which should be minimized by improving legislation in the process of reforming the system of institutional care and upbringing of children, which is reflected in the main objectives of the National Strategy for Reforming Institutional Care and Upbringing for 2017-2026 years. Problematic issues in the regulatory and legal support of public administration in the system of institutional care and upbringing of children have been identified.
Keywords: public administration, boarding schools, mechanisms of public administration, system of institutional care and upbringing of children, social policy, social protection of children's rights, social services, normative-legal provision.
СУЧАСН1 ПРОБЛЕМИ СИСТЕМИ ПУБЛ1ЧНОГО УПРАВЛ1ННЯ СФЕРОЮ ШСТИТУЩЙНОГО ДОГЛЯДУ ТА ВИХОВАННЯ Д1ТЕЙ
В УКРАШ1
Анотащя. Систематизовано проблеми системи державного управлшня у сферi шституцшного догляду та виховання д^ей в Украшь До основних проблем вщнесеш: недосконалють нормативно-правово! бази з регулю-вання надання сощальних послуг дгтям-сиротам, дгтям, позбавлених бать-ивського тклування, д^ям з швалщшстю, д^ям з особливими осв^шми потребами та д^ям, яю перебувають у складних життевих обставинах; вщ-сутшсть ушфжованого шдходу до управлшня сферою шституцшного догляду та виховання д^ей в УкраТш; вщсутшсть ч^ко!" органiзацiï взаемодiï громадськост з органами державно! влади та мюцевого самоврядування у питаннях реформування системи шституцшного догляду та виховання д^ тей; вщсутшсть громадського контролю за системою шституцшного догляду та виховання д^ей; вщсутшсть системно! оцшки неефективностi попе-реднiх спроб мшютерств реформувати систему iнституцiйного догляду та виховання д^ей; не розроблешсть методичного забезпечення, необхiдного для впровадження реформи системи шституцшного догляду та виховання д^ей. Зазначено, що основш нормативнi документи, якi забезпечують ю-нування системи iнституцiйного догляду та виховання дiтей, постiйно до-повнюються вiдповiдними листами та розпорядженнями вщомств рiзних рiвнiв. Задля ефективного державного управлшня у сферi iнституцiйного догляду та виховання дгтей йде значна затрата зусиль, яку варто мiнiмiзу-вати шляхом удосконалення законодавства в процесi реформування системи шституцшного догляду та виховання д^ей, що вщображено в основних завданнях Нащонально'!' стратеги реформування системи шституцшного
догляду та виховання д^ей на 2017-2026 роки. Виявлено проблемы питан-ня у нормативно-правовому забезпеченш державного управлшня в системi iнституцiйного догляду та виховання д^ей.
Ключовi слова: державне управлiння, iнтернати, механiзми державного управлшня, система шституцшного догляду та виховання д^ей, соцiальна полiтика, соцiальний захист прав ддай, соцiальнi послуги, нормативно-пра-вове забезпечення.
СОВРЕМЕННЫЕ ПРОБЛЕМЫ СИСТЕМЫ ПУБЛИЧНОГО УПРАВЛЕНИЯ СФЕРОЙ ИНСТИТУЦИОНАЛЬНОГО УХОДА И ВОСПИТАНИЯ ДЕТЕЙ В УКРАИНЕ
Аннотация. Систематизированы проблемы системы государственного управления в сфере институционального ухода и воспитания детей в Украине. К основным проблемам отнесены: несовершенство нормативно-правовой базы по регулированию предоставления социальных услуг детям-сиротам, детям, лишенным родительской опеки, детям с инвалидностью, детям с особыми образовательными потребностями и детям, находящимся в сложных жизненных обстоятельствах; отсутствие унифицированного подхода к управлению сферой институционального ухода и воспитания детей в Украине; отсутствие четкой организации взаимодействия общественности с органами государственной власти и местного самоуправления в вопросах реформирования системы институционального ухода и воспитания детей; отсутствие общественного контроля за системой институционального ухода и воспитания детей; отсутствие системной оценки неэффективности предыдущих попыток органов центральной власти реформировать систему институционального ухода и воспитания детей; не разработанность методического обеспечения, необходимого для внедрения реформы системы институционального ухода и воспитания детей. Указано, что основные нормативные документы, которые обеспечивают существование системы институционального ухода и воспитания детей, постоянно дополняются соответствующими письмами и распоряжениями ведомств разных уровней. Для эффективного государственного управления в сфере институционального ухода и воспитания детей идет значительная затрата усилий, которые следует минимизировать путем усовершенствования законодательства в процессе реформирования системы институционального ухода и воспитания детей, что отражено в основных задачах Национальной стратегии реформирования системы институционального ухода и воспитания детей на 20172026 годы. Выявлены проблемные вопросы в нормативно-правовом обеспечении государственного управления в системе институционального ухода и воспитания детей.
Ключевые слова: государственное управление, интернаты, механизмы государственного управления, система институционального ухода и воспитания детей, социальная политика, социальная защита прав детей, социальные услуги, нормативно-правовое обеспечение.
Formulation of the problem. The
modern system of institutional care and upbringing of children began to take shape in the mid-1950s. At the time of its formation, this system met the needs of the society of that time and fully implemented the educational and social policy of the postwar state. The placement of children in need of state care in appropriate institutions was the only alternative to their neglect due to the difficult financial situation of the population in the postwar period. The activities of the institutions of institutional care and upbringing of children at that time were effective in the conditions of the economic crisis of that time and the formation of the social state policy of the Soviet regime. In 1991, this institutional system automatically passed as a legacy to ensure the protection of children in the context of the then educational and social environment of independent Ukraine.
As of now, the challenges posed by the spread of acute respiratory illness COVID-19 in Ukraine to public administration in the field of protection of children's rights and social protection have revealed the inability of this management system to organize appropriate protection, both in institutional care and control over children in families in difficult life circumstances.
Analysis of recent research and publications. The system of institutional care and upbringing of children in Ukraine as a problematic issue in the field of social protection of orphans, children deprived of parental care, children with disabilities, children with special educational needs, children in difficult life circumstances, in the research of scientists acquires a special
relevance over the last decade. Such a system is costly at the state level, has many shortcomings in the realization of the rights of children in need of state support, and negatively affects the formation of the personality of the pupils of institutional institutions. Problems of development of mechanisms of public administration in the social sphere were analyzed by: O. Volska, V. Hry-horovych, K. Dubych, N. Zelinska, D. Karamyshev, N. Karpeko, O. Kot-sovska, L. Kryvachuk, O. Krestovska, M. Melnyk, M. Muzyka, Z. Nadyuk, M. Panchenko, L. Parashchenko, O. Temchenko, I. Furtak, V. Shevchen-ko, V. Shevtsov, M. Obikhod and others. However, in the scientific literature there are no systematic studies of current problems of public administration in the field of institutional care and education of children in Ukraine.
Selection of previously unsolved parts of the overall problem. To date, Ukraine has found itself in a difficult crisis. These include the aggravation of the military-political situation, the growth of social tensions in society, the sharp deterioration of the country's economic situation, the decline in living standards, and the challenges associated with the COVID-19 pandemic. But at the same time, such crisis situations are always the starting conditions for active change, as a response to socio-political challenges and threats.
The purpose of the article is to systematize conceptual approaches to substantiate modern problems of public administration in the field of institutional care and education of children in Ukraine.
Presenting of the main material. On May 11, 2006, the Cabinet of Mi-
nisters of Ukraine approved the Concept of the State Program for Reforming the System of Institutions for Orphans and Children Deprived of Parental Care, which was designed for 10 years. In fact, the start of deinstitutionalization was announced. However, this Concept only drew attention to the problem of placement of orphans, children deprived of parental care, children with disabilities, children in difficult life circumstances and, in part, children with special educational needs who have complex disabilities, in institutions of institutional care and upbringing of children, but did not help to reduce the number of institutions or the number of residents.
Given the shortcomings of the previous program, on August 9, 2017 the government approved the National Strategy for Reforming the Institutional Care and Upbringing System for
2017-2026 and the action plan for the implementation of the first preparatory phase of the National Strategy for Reforming the Institutional Care and Upbringing System for 2017-2026, which ended with the preparation of regional reform plans [1].
Currently, the second stage of reforming the system of institutional care and education has begun, which will last until 2024 [1]. This stage involves the implementation of regional plans in the field of institutional care and upbringing of children, in fact, the reform itself. As a result of the study of the previous state of realization and implementation of the reform of institutional care and education of children in Ukraine during the first stage, which took place during 2017-2018, we identified the following issues, which are shown in Figure 1.
Crisis conditions:
aggravation of the socio-political situation, growing social tensions in society, a sharp deterioration in the economic condition of the country, lower living standards
of the population.
Imperfection of the legal framework for regulating the provision of social services to children of upbringing institution system
fLack of a state guarantee of professionalism of all parties
protection of children and their rights in the context of the reform of upbringing institution \^system
/ Underdevelopment of quantitative criteria-indicators for assessing the state of upbringing institution system
f Lack of
methodological support for the implementation of the reform of upbringing
institution system -----
' Lack of public control" over the system of institutional care and upbringing of children
Lack of a unified approach to the management of the sphere of upbringing institution system
Lack of detailed analysis of the existing network of upbringing institutions system
f Imperfect organizational and staffing structure and staff
Lack of clear organization of public interaction with state
authorities and local self-government in matters of reforming the upbringing ^institution system ^J
Undeveloped criteria for monitoring the process of reforming the upbringing institution system
f Reduction of targeted funding for the needs of institutions of institutional care and upbringing of children, etc.
( Lack of a systematic assessment of the ess of
previous attempts to reform the upbringing institution system
/ Unregulated \
responsibility of united territorial communities and cities of regional significance for the provision of social
Fig. 1. The main problematic issues of realization of the reform in 2017-2018
Thus, the first problematic issue of public administration in the field of institutional care and upbringing of children in Ukraine we see the imperfection of the legal framework for regulating the provision of social services to orphans, children deprived of parental care, children with disabilities, children with special educational needs and children in difficult life circumstances.
In the process of considering the specifics of regulatory and legal regulation of the institutions of institutional care, we have identified several areas of regulation, which are presented in Figure 2.
It is clear that such a heavy legal framework complicates the process of public administration in the field of institutional care and education and requires constant changes in the introduction of deinstitutionalization and decentralization of powers.
Accordingly, the continuation of the first problematic issue in the field of institutional care and education is
the lack of a unified approach to the management of institutional care and education of children in Ukraine.
The National Strategy for Reforming the Institutional Care and Upbringing System for 2017-2026 declares that ensuring the growth of the child in the family should be a priority in all areas of public administration related to the realization of children's rights. At the same time, the state is the main party responsible for the transition from institutional to family care and upbringing of the child, and actions for the preparation and implementation of the reform are coordinated by the Cabinet of Ministers of Ukraine [1].
Thus, the main responsibility for the implementation of the key points of the Strategy is assumed by the state. Thus, the state policy on orphans; children deprived of parental care; children with disabilities; children with special educational needs; children in difficult life circumstances should be carried out through the system of public administration in the field of insti-
Fig. 2. The state of regulatory and legal support of Dl reform
tutional care and upbringing of children in Ukraine.
During the review of the object of study, the division of basic managerial powers in the field of institutional care and upbringing of children in Ukraine between three ministries was repeatedly emphasized: the Ministry of Social Policy, the Ministry of Education and Science and the Ministry of Health. This situation, at first glance, is a negative phenomenon, as it leads to the dispersion of management efforts. However, given the historical peculiarities of the formation of the system of public administration that existed during the decades of the Soviet system, we understand that without the completion of administrative reform and deinstitu-tionalization reform it is impossible to overcome this phenomenon.
The multidisciplinary services provided to orphans, children deprived of parental care, children with disabilities, children with special educational needs, children in difficult life circumstances, really forms an extensive system of governing bodies in the field of institutional care and education of children.
The solution to this problem in the field of institutional care and upbringing of children is to apply a mechanism of coordination and interaction between executive authorities at all levels and local governments, which are related to the management of institutions of institutional care and education, based on an integrated management approach based on principles of holism and synergy.
Another problem is the lack of clear organization of public interaction with public authorities and local govern-
ments in reforming the system of institutional care and upbringing of children.
The main functions of public and charitable organizations in the field of institutional care and upbringing of children can be distinguished:
• information-motivational includes providing the public with information on the main directions of state policy in this area through the use of various media, public information events aimed at changing the motivational guidelines for the maintenance and upbringing of children in need of state care;
• intelligence includes the study of opportunities and needs within the community for the implementation of state policy in the field of institutional care and upbringing of children;
• organizational includes assistance in creating a special range of services in the community for children with the advantage of family education over institutional;
• innovative includes the use of experience of public and charitable organizations in order to facilitate the implementation of reform tasks in this area.
Taking into account the statutory features of charitable and public organizations operating in Ukraine, we can conditionally classify them according to the following parameters:
• by content of activity: organizations that provide support to children with disabilities, orphans, children with special needs, etc.;
• by place of activity: within a certain region, all-Ukrainian or international.
Given the above, we can conclude that the broad capacity of NGOs and charities to involve the public in en-
suring the implementation of the main objectives of the National Strategy for Reforming the Institutional Care and Education of Children for 20172026 [1] and the process of changing worldviews to change the established institutional system of children's care and upbringing for a more humane and organic system of preservation of children's upbringing in need of state care in the conditions of family upbringing. However, as we can see, so far the process of public influence on the state of the sphere of children's institutional care and upbringing goes hand in hand with the activities of public authorities, acting as one of the stakeholders in deinstitutionalization.
Another problematic issue in the field of institutional care and upbringing is the lack of a public control over the children's institutional care and upbringing system in the state.
On September 11, 2011, Ukraine joined the Open Government Partnership international initiative, which was launched by the Presidents of the United States and Brazil and involved 50 countries. The governments of the countries participating in the initiative have pledged to promote transparency in public administration, the use of new technologies to improve its quality, the involvement of citizens in public administration processes, and the fight against corruption [2].
In recent years, against the background of reforms of major social sectors in Ukraine, we do see an increase in the level of civic activity. It is not only about participation in public discussions, social projects and interaction with reform offices, but also about public control.
Public control is a public inspection by civil society of the state's activities for compliance with its stated goals, adjustment of these activities and the goals themselves, subordination of state policy, activities of its bodies and officials to public interests, as well as civil society oversight of state bodies and local governments activities, aimed at protecting and ensuring human rights and legitimate interests and fundamental freedoms, and respect for them [3].
Various spheres of state activity are subject to public control: first, public verification of the state's activity's compliance with its declared goals and adjustment of this activity and the goals themselves, subordination of state activity to the interests of society. Secondly, it follows from Article 3 of the Constitution of Ukraine, which states that "Human rights and freedoms and their guarantees determine the content and direction of state activity... The establishment and protection of human rights and freedoms is the main duty of the state", so it follows that functions of the state in the field of human rights are also subject to public control. Third, in addition to human rights, which affect all people, there are legitimate public interests that interest certain groups of people — the realization of such interests is also subject to public control [3].
The sphere of institutional care and upbringing of orphans, children deprived of parental care, children with disabilities, children with special educational needs and children in difficult life circumstances should be the subject of special attention from the public, as it concerns life and health of vulnerable categories of children.
Today, we cannot say with confidence that the challenges of public control over the system of institutional care and upbringing of children are fully satisfied.
In particular, the Action Plan for the implementation of the first stage of the National Strategy for Reforming the Institutional Care and Upbringing of Children for 2017-2026 provided that in the IV quarter of 2018 should be improved the mechanism of participation of civil society institutions in the decision-making process concerning the protection of children's rights, monitoring the observance of children's rights in institutions of institutional care and upbringing of children with the provision of response and impact measures and as a result of submission to the Cabinet of Ministers of Ukraine of relevant draft regulations. However, unfortunately, we do not find official information on the implementation of this task in the form of a report, although the public association "Ukrainian Network for the Rights of the Child" together with the Office of the Ukrainian Parliament Commissioner for Human Rights, Ministry of Social Policy of Ukraine, with the support of UNICEF Ukraine carried out the monitoring inspections of children's institutions for children managed by the Ministry of Health. According to the monitoring evidence, the project activist I. Skachko believes that "not a single orphanage needs order, but the system as a whole. Staying in such institutions, even if they create ideal conditions, has an extremely adverse effect on the development and health of children, especially children under three years of age. The National
Strategy for Reforming the System of Institutional Care and Upbringing of Children for 2017-2026 envisages that it is the orphanages that need to be reorganized in the first place. Ideally, children under the age of three should not come here at all" [1].
Instead, we find information on the partial satisfaction of the problem of public control over the system of institutional care and upbringing of children at the legislative level in some provisions on the organization of work in institutions. In particular, the Standard Regulations on Orphanages state that public control over the activities of a boarding house is exercised by the public council in a planned manner or in the event of an emergency notification of a relevant violation. In paragraph 17 in the "Tasks and main activities of the boarding house" states that the quality of services is controlled by the public, and in paragraph 18 of the same part we find that the boarding house may form a public council, the provisions of which are approved by the founder. The public council has the task: to promote the rights and interests of pupils/ wards, study the conditions of their residence and submit proposals to the management of the boarding house on their improvement; to promote compliance with the requirements of the legislation on social protection by the boarding house; to promote the provision of social services to pupils/wards; to promote the organization of cultural and mass work of pupils/wards [4].
Also, an official attempt to exercise public control over the activities of institutions of institutional care and upbringing of children is to place a section on the website of the Project Office to
support deinstitutionalization reform, where you can post information on violations of children's rights in boarding schools. The site contains information about 15 messages for 5 months of the platform's existence, but only 2 messages were considered. This may indicate a low level of response of official bodies involved in the management of the system of institutional care and upbringing of children in Ukraine [5].
A logical continuation of the problem of lack of public control over the system of institutional care and upbringing of children is the problem of lack of state guarantee for the professionalism of all parties in child protection and their rights in the context of reforming the system of institutional care and upbringing of children.
As a result of the inspection of boarding schools in 2018, out of 104,469 children in boarding schools — 13,922 children, permanently live in the institution, even on weekends and holidays. Of this number, only an average of 6,000 children have the status of orphans and children deprived of parental care, and about 8,000 children are in boarding schools, having the parents.
According to the Commissioner of the President of Ukraine for Children's Rights M. Kuleba, "There is an opinion why a child with living parents is actually an orphan, and no one establishes its status? Unfortunately, it is easier for boarding schools to tell for years what a "poor" child is, unnecessary to their own parents and to no one else, except the boarding schools, and the guardianship authorities ignore the child for years, than to jointly organize appropriate work with the Children's
Affairs Service and give the child status in court. As part of the DI reform, each child's needs in boarding school should be assessed! And if the child suffers from neglect, if the parents are not interested in the child and most importantly — were used all attempts to "reunite" the family (because it is for such reasons that courts often deny deprivation of parental rights), it should be urgent to prepare documents for court and deprive parents of parental rights!" [6].
In view of the above, there is an opinion that the assessment of children's needs and the state of violation of their rights should be carried out from a professional point of view, without undue emotion, based on the interests of orphans, children deprived of parental care, children with disabilities, children with special educational needs and children in difficult life circumstances.
Summarizing the problematic situation due to the lack of a state guarantee on the professionalism of all parties in the field of child protection and their rights in the context of reforming the system of institutional care and upbringing, it should be noted that the level of professionalism also depends on the level of development of appropriate criteria for assessing the state of the institutional care and upbringing system during the implementation of the plan for reforming this system.
Accordingly, we have the following problematic issues in the field of institutional care and upbringing of children in Ukraine. These are the undeveloped quantitative criteria-indicators for assessing the state of the system of institutional care and upbringing of
children in Ukraine and the undeveloped criteria for monitoring the process of reforming the system of institutional care and upbringing of children.
The advancement of any reform is impossible without an assessment of the previous state of the process to be reformed, the current state of the reform stage and a quantitative and qualitative assessment of the achievements of the reformed process.
The problem of developing quantitative criteria-indicators and criteria for monitoring the process of dein-stitutionalization reform in Ukraine is relevant, but in practice requires organized, planned and clear work of specialists who assess the main components in the field of institutional care and upbringing.
Assessing the state of the institutional care and education system is not an easy process due to a large number of assessment objects and levels. We mean assessment at the regional and local levels, assessment of institutions of different statutory nature according to the categories of children, assessment according to the existing needs of local communities and other conditions.
Given this, it is very difficult at the preparatory stage to identify the necessary criteria for assessing the state of institutional care and upbringing of children. Monitoring studies are still multifaceted, due to the lack of relevant experience and resistance of employees of the institutional care and upbringing system in Ukraine.
The National Office for Deinstitu-tionalization Reform has identified the main monitoring indicators, which in turn contain quantitative monitoring criteria:
Boarding schools: number of boarding schools in the regions by subordination and types; the number of boarding schools in the regions by type and specialization.
Children in boarding schools: number of children in boarding schools; the number of children in boarding schools of the education system; the share of children in boarding schools from the children's population of the region; the number of orphans, children deprived of parental care and children with parents among the children of boarding schools; the number of orphans, children deprived of parental care and children with parents among the pupils of boarding schools of the education system; the share of children with disabilities from the total number of children in boarding schools; distribution of children of boarding schools according to the form of stay; the number of children under 3 years of age (full 2 years) who are in boarding schools.
Alternative forms of upbringing: alternative forms of placement of children; the number of children in alternative forms of accommodation.
Services: due to the problem of undeveloped quantitative criteria-indicators for assessing the state of the institutional care and upbringing system in Ukraine and undeveloped criteria for monitoring the process of reforming the institutional care and upbringing system at the initial stage of deinsti-tutionalization, the next problem arises — the lack of detailed analysis of the existing network of institutional care institutions for children.
The idea of optimizing the network of boarding schools, and subsequently reforming it, is not new. Previous at-
tempts, unfortunately, were unsuccessful and were implemented only formally, without changing the essence of the system of institutional care and upbringing. In our opinion, the lack of political will to introduce deinstitu-tionalization was decisive in the ineffectiveness of previous attempts.
To date, the course of the reform is clearly subordinated to the Action Plan for the implementation of the first stage of the National Strategy for reforming the system of institutional care and upbringing of children for 2017-2026. However, the Plan's activities face the same challenges as the previous two reforms. This is due to the lack of a systematic assessment of the ineffectiveness of previous attempts by ministries to reform the system of institutional care and upbringing of children, which is the next problematic situation in the field of institutional care and upbringing of children in Ukraine.
In addition to the desire of a modern team of specialists working on the reform and support of international organizations in the field of protection of children's rights, for the successful implementation of deinstitutionaliza-tion, appropriate methodological support is also needed. It is clear that the Ukrainian team does not have enough experience of its own. The methodological base of deinstitutionalization in Ukraine consists more of informational than methodological materials. The vast majority of methodological recommendations are a representation of the experience of individual institutions that have managed to reformat their own activities with the advantage of the family upbringing of children over institutional. The training ma-
terials used by the National Office for deinstitutionalization are presented on the basis of foreign experience in order to adapt to the implementation of the Ukrainian model of reform. This situation raises the following problem — the lack of methodological support necessary for the implementation of the reform of the system of institutional care and upbringing of children.
At the beginning of the first stage of the reform, the process of public administration in the field of institutional care and upbringing in Ukraine contained more questions than answers. This is due not only to the lack of clear coordination between public authorities and the system of institutional care and upbringing of children or the imperfection of the regulatory framework in this area, but also to the formation of a completely new organizational structure as a result of decentralization. The institute of united territorial communities is still in its infancy. Therefore, another problem in the field of institutional care and upbringing of children in Ukraine is the unregulated responsibility of united territorial communities and cities of regional importance for the provision of social services to orphans, children deprived of parental care and children with disabilities, which creates for this category of children a number of risks and problems.
The National Strategy for Reforming the System of Institutional Care and Upbringing of Children for 20172026 states that "the state takes measures to promote the importance of upbringing and development of the child, the role of the territorial community in ensuring the best interests of the child, inadmissibility of divorce of the child
with parents because of features of its development, negative consequences of institutional care and upbringing for the child and society as a whole"[1].
However, it is clear that increasing the role of the local community in ensuring the best interests of the child is not a matter of one day.
Analysis of a number of problematic issues in the field of institutional care and upbringing of children in Ukraine, but one of the main problems is not only a large number of children in need of social protection, but also the presence of a large number of employees in this area.
According to a study of problematic issues of orphanhood in Ukraine by the public organization Public Audit, an independent non-governmental controller of public finances and their managers. In 2015, UAH 10.7 thousand per month was spent from local budgets on the maintenance of one boarding school pupil. UAH 8.1 thousand for the maintenance of a child in an orphanage. The maintenance of a family-type orphanage and a foster family cost local budgets about three times less — UAH 3.7 thousand per month.
Even one such example is enough to understand that when the cost of boarding school staff is 80 % of the costs, it is an inexpedient phenomenon in terms of financing the system of institutional care and upbringing of children. Hence the following problematic issues - the imperfection of the organizational and staffing structure and the cost of maintaining staff working in boarding schools (in particular, 70 % of them — technical staff, 29 % — educators and teachers and only 1 % — narrow specialists) and reduced targe-
ted funding institutions of institutional care and upbringing of children [6].
Conclusions. The analysis provides grounds to identify the following clusters of problems, in particular:
• imperfection of the legal framework for regulating the provision of social services to orphans, children deprived of parental care, children with disabilities, children with special educational needs and children in difficult life circumstances;
• lack of a unified approach to the management of institutional care and upbringing of children in Ukraine;
• lack of a systematic mechanism of coordination and interaction between executive bodies of all levels and local self-government;
• lack of clear organization of public interaction with public authorities and local governments in matters of reforming the system of institutional care and upbringing of children;
• inefficiency of public control over the system of institutional care and upbringing of children;
• lack of a state guarantee on the professionalism of actions of all parties to protect children and their rights in the context of reforming the system of institutional care and upbringing of children;
• lack of quantitative criteria-indicators for assessing the state of the system of institutional care and upbringing of children in Ukraine and undeveloped criteria for monitoring the process of reforming the system of institutional care and upbringing of children;
• lack of detailed analysis of the existing network of institutions for institutional child care;
• lack of systematic assessment of the ineffectiveness of previous attempts by ministries to reform the system of institutional care and upbringing of children;
• undeveloped methodological support necessary for the implementation of the reform of the system of institutional care and upbringing of children;
• unregulated responsibility of united territorial communities and cities of regional importance for the provision of social services to orphans, children deprived of parental care and children with disabilities, which creates a number of risks and problems for this category of children;
• imperfection of the organizational and staffing structure and maintenance costs of staff working in boarding schools and reduction of targeted funding for the needs of institutions of institutional care and upbringing of children.
REFERENCES -
1. Rozporiadzhennia KMU "Natsionalna stratehiia reformuvannia systemy in-stytutsiinoho dohliadu ta vykhovannia ditei na 2017-2026 roky" : vid 09 ser-pnia 2017 roku, № 526-r [Order of the Cabinet of Ministers of Ukraine "On the National Strategy for Reforming the System of Institutional Care and Upbringing of Children for 2017-2026 and the action plan for the implementation of its first stage": dated August 9, 2017 № 526-R]. (n.d.). www.search. ligazakon.ua Retrieved from http:// search.ligazakon.ua/l_doc2.nsf/link1/ KR170526.html [in Ukrainian].
2. Mizhnarodnyi fond Vidrodzhennia. Richnyi zvit - 2011. [Analytical report for 2011 of the International Renaissance Foundation]. (n.d.). www.irf.ua.
Retrieved from http://www.irf.ua/ content/files/annual_report_2011. pdf [in Ukrainian].
3. Zakharov Ye. (2009). Hromadskyi kontrol i prava liudyny [Public control and human rights]. khpg.org. Retrieved from http://khpg.org/index. php?id=1261552395 [in Ukrainian].
4. Shcho prykhovuiut zachyneni dveri internativ [What hides the closed doors of boarding schools]. (2013). khpg.org. Retrieved from http://khpg. org/index.php?id=1369168374 [in Ukrainian].
5. Povidomyty pro porushennia prav dytyny. [Information on registration of a report on violation of children's rights]. www.diplatform.org.ua Retrieved from http://help.diplatform. org.ua/ [in Ukrainian].
6. Analiz sytuatsii stosovno ditei v in-ternatakh za formoiu perebuvannia [Analysis of the situation with regard to children in boarding schools by form of stay]. (n.d.). www.diplatform. org.ua Retrieved from http://diplat-form.org.ua/news/33 [in Ukrainian].
СПИСОК ВИКОРИСТАНИХ ДЖЕРЕЛ -
1. Розпорядження Кабшету Mrni-crpiB Украши "Про Нащональну стратегш реформування системи шституцшного догляду та вихо-вання дггей на 2017-2026 роки та план заходiв з реалiзащi u I етапу": вщ 9 серпня 2017 року № 526-р. [Order of the Cabinet of Ministers of Ukraine "On the National Strategy for Reforming the System of Institutional Care and Upbringing of Children for 2017-2026 and the action plan for the implementation of its first stage": dated August 9, 2017 №№ 526-R]. (n.d.). www.search.ligazakon.ua Retrieved from http://search.ligazakon.ua/l_ doc2.nsf/link1/KR170526.html [in Ukrainian].
2. Аналгтичний звгт за 2011 piK "МГж-народного фонду Вщроджен-ня". [Analytical report for 2011 of the International Renaissance Foundation]. (n.d.). www.irf.ua Retrieved from http://www.irf.ua/ content/files/annual_report_2011. pdf [in Ukrainian].
3. Захаров G. (2009) Громадський контроль i права людини. [Public control and human rights] // 1н-формацшний портал Харювсько! правозахисно! групи. www.khpg. org Retrieved from http://khpg. org/index.php?id=1261552395 [in Ukrainian].
4. Що приховують зачиненi двеpi ш-теpнатiв. (2013) [What hides the closed doors of boarding schools]. www.khpg.org Retrieved from http://
khpg.org/index.php?id=1369168374 [in Ukrainian].
5. Iнфоpмацiя про оформлення повЬ домлення про порушення прав ди-тини. [Information on registration of a report on violation of children's rights]. www.diplatform.org.ua Retrieved from http://help.diplatform.org.ua/ [in Ukrainian].
6. Аналггичний звгг щодо мониторингу ситуацп стосовно дгтей в Укра'Ш в штернатних закладах за формою перебування мониторингу рефор-ми. [Analytical report on monitoring the situation regarding children in Ukraine in boarding schools by the form of monitoring the reform]. www. diplatform.org.ua Retrieved from http://diplatform.org.ua/news/33 [in Ukrainian].
